Pinot Law

There are four key pieces of legislation moving their way through the Virginia legislature that impact the Commonwealth’s wineries.  They are briefly detailed below, and for what it is worth, all of this information is available through the Virginia Legislative Information System which can be accessed here.

HB2071 and SB1033. Both bills are in identical form (one on the House side, the other on the Senate), and would amend Section 15.2-2288.3 of the Virginia Code to require localities to take into consideration the agricultural nature of farm wineries before attempting to restrict the on-site marketing and sale of wine. The legislation was sponsored by Delegate Ed Scott (R-Culpeper) and Senator Emmett Hanger (R-Augusta) in the House and Senate, respectively.  The full text of HB2071 and SB1033 can be accessed here and here, respectively.

HB2606. This bill would have have permitted further regulation of farm wineries operating under so-called urban county governance. Interestingly, there is only one such county in Virginia: Fairfax County. Even more interesting, is the long, tortured history involving the single winery trying to open its doors in Fairfax County. That winery’s fate is still uncertain, but this legislation was part of this drama as you can read here.  There has been strong opposition to this bill in Virginia, arising from concerns of legislative/regulatory creep. Fortunately, for the Virginia wine industry, the House Agriculture, Chesapeake and Natural Resources Committee voted to pass the bill by indefinitely on a voice vote Wednesday morning. And apparently, much credit must be given to Delegates Chris Saxman (R-Staunton) and Bobby Orrock (R-Caroline) who worked hard to support the Virginia wine industry.  The full text of HB 2606 can be accessed here.

SB 1445. This one is my personal favorite. Sponsored by Senator Creigh Deeds (D-Bath) it would permit wineries to solicit wine club memberships at wine festivals and events. The Virginia ABC apparently concluded that such solicitations were not permitted under present law (see second and third entries). If passed, this legislation would permit “wine of the month club” operators to solicit memberships at any location for which a permit to consume alcohol has been issued, including restaurants.  This is great — and fair — legislation that provides equal marketing opportunities for both in-state and out-of-state wineries.  The full text of SB 1445 can be accessed here.

As this and other legislation moves through the halls of Richmond, we will keep you updated.

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